No Good Moral Character for a Non-Citizen who Served 181 Days in Jail for Illegal Entry

This week, the Fourth Circuit issued a decision addressing the following question: Could Congress have intended that individuals seeking cancellation of removal for non-permanent residents, who very frequently enter the United States illegally and thus, could be convicted of illegal entry, be barred from this form of immigration relief by virtue of time served on an illegal entry conviction? The answer: yes. An individual who serves 181 days in prison for an illegal entry conviction is statutorily barred from showing good moral character, regardless of the underlying conviction.

The full text of Tiscareno-Garcia v. Holder can be found here: http://www.ca4.uscourts.gov/Opinions/Published/132459.P.pdf